Labor schedule. An example of internal labor regulations in an organization

The labor schedule is a set of requirements and rules in accordance with which the work activities of employees are carried out. In the sphere of relations between the employee and the employer, the labor schedule is one of the main aspects of the activity that regulates the discipline of labor at the enterprise. At the same time, the work schedule of the organization is determined both by the norms of the Labor Code of the Russian Federation and other mandatory legislative acts, and by local documents directly adopted within the enterprise.

Labor schedule - what is it, legislative regulations

The internal labor schedule at the enterprise is the basis of labor discipline, provided both by the requirements of the legislator and the specific employer. The actual reflection of the labor schedule is found in the internal labor regulations. From the point of view of legislation, issues related to the labor schedule at the enterprise are regulated primarily by the principles of the Labor Code of the Russian Federation. In particular, the following articles of the Labor Code consider the issues of using the labor schedule:

Art.8. This article regulates the adoption and application within the framework of labor relations by the employer of local regulations, which also include internal labor regulations.
Art.15. Its standards are generally devoted to labor relations between employees and employers. In particular, it is this article that provides for the obligatory subordination of employees to the labor schedule established at the enterprise.
Article 21. This article establishes the duties of employees, among which the need to comply with the labor schedule at the enterprise is also mentioned.
Article 22. The aforementioned article considers the obligations of the employer, which include monitoring compliance with the established labor regulations by employees.
Art.56. The principles set forth in the said article consider the employment contract as a whole, as well as the fact that the conclusion of an employment contract automatically obliges the employee to comply with the labor schedule in the organization, regardless of whether this fact is mentioned in the text of the document.
Article 68. This article considers the hiring of employees, one of the stages of which is the preliminary, performed before the conclusion of an employment contract, familiarization of the applicant with the current labor regulations.
Art.91. The provisions of this article consider the concept of working time for employees, and also establish the obligation to mention working time in the labor regulations of the enterprise.
Art.100. This article regulates the working hours at the enterprise, and also directly indicates the requirement to indicate the working hours in the labor regulations.
Art.104. Its standards consider the summarized accounting of working hours at the enterprise and require, when applying it, to establish the accounting procedure in the organization's labor schedule.
Art.108. The said article regulates breaks at work, which should also be reflected in the internal labor regulations in the organization.
Art.109. This article is dedicated to special rest and heating, if required according to working conditions. At the same time, the procedure for granting these breaks, as well as the positions and types of work to which they apply, must be specified separately in the labor regulations.
Art.111. This article regulates holidays at the enterprise, while it also allows for the possibility of establishing a non-standard holiday regime in the PWTR.
Art.119. The mentioned article considers the provision, which should be reflected in the rules of the order at the enterprise.
Art.136. The principles of this article regulate issues related to the timing of payment of wages and the procedure for calculating employees. In particular, it also requires that specific dates of settlement with employees be indicated in the PVTR.
Art.189. This article defines the very concept of internal labor regulations and examines the discipline of labor in the enterprise as a whole.
Art.190. The standards in this article regulate the general procedure for the adoption of PWTR at the enterprise and their registration as a local regulatory act.
Art.191. The aforementioned article regulates the incentives for employees, which can also be reflected in the internal labor regulations, if it does not apply to the main types of incentives specified in this article.
Art.309.2. This article exempts employers with the status of a micro-enterprise from the mandatory execution of local regulations, including internal labor regulations, provided that all the necessary and legally binding information is reflected directly in the employment contract with the employee.
Art.372. The principles of this article oblige the employer to coordinate local regulations with representatives of the primary trade union organization, including the PWTR.

In general, the legal regulation of the organization's labor schedule, which is defined in the provisions of the Labor Code of the Russian Federation, is quite accurate. At the same time, there are quite a few direct requirements for it, so employers can quite freely regulate the activities of employees and labor relations.

Despite the wide level of freedom provided by the legislation to employers in matters of establishing a labor schedule, its norms should in no case contradict the requirements of the Labor Code of the Russian Federation and other regulatory documents in force both at the level of the entire state and individual subjects of the federation.

Labor schedule and labor discipline - what should be recorded in them

Based on the above provisions of Russian labor legislation, the labor schedule and its rules should reflect separate standards, both affecting issues of labor discipline and considering the relationship between the employer and the employee as a whole. Thus, the internal labor regulations must contain the following information:

The absence of internal labor regulations is allowed only for two categories of employers. These include individuals who are not individual entrepreneurs, as well as micro-enterprises, where all of the above information can be directly reflected in the terms of the employment contract. In the absence of rules of procedure adopted as a local regulatory act, the employer may be held administratively liable in accordance with the requirements of Article 5.27 of the Code of Administrative Offenses of the Russian Federation.

Some information, as can be understood from the requirements of the law, must be indicated both in the rules of procedure and in the employment contract. At the same time, despite this duplication, it must be present in both of these documents without fail.

The procedure for determining the labor schedule of the organization

The adoption of the labor schedule, as well as any local regulations, must be accompanied by an appropriate procedural procedure. To determine the work schedule at the enterprise, it will be enough for the employer to use a fairly simple step-by-step instruction, which in general cases may look like this:

Both the order and the rules themselves must have in their text the full name of the organization, the details of the document itself in the form of a number or other data, and also have a clear page numbering. It is allowed to adopt additional annexes to the rules, which must also contain all the necessary details and be put into effect by separate orders. There is no need to flash or seal the PWTR, however, these actions are permissible.

Employees should always have access to the PWTR, including even at the stage of their being in the status of an applicant. Any changes in the PWTR must be brought to the attention of employees no later than two months before they come into force, while employees have the right to refuse to work in the changed conditions, but for this they can be fired, subject to the requirements of the Labor Code of the Russian Federation. The validity period of the PVTR is not regulated by law - by default, it is considered that this document does not have an expiration date.

Internal labor regulations (BTR) are necessary for any employer. They help discipline employees and eliminate unnecessary labor conflicts. From our article you will learn about the components of this document and the regulatory requirements used in its development.

Labor schedule of the organization

Internal labor regulations are necessary for both employees and employers. Most employers independently develop this document and can indicate all the necessary aspects in it. Such freedom is not available to state institutions - strict regulations are provided for their internal labor regulations. For example, the VTR rules for employees of the central office of the Federal Service for Regulation of the Alcohol Market were approved by order of the Federal Service for Alcohol Regulation No. 247 dated August 11, 2014.

The internal labor regulations of commercial firms and individual entrepreneurs are created on the basis of labor legislation, taking into account internal specifics. At the same time, the fundamental term of this local act is the labor schedule, which is directly related to the definition of labor discipline: it is obligatory for all employees to obey the internal rules of conduct.

IMPORTANT! The definition of internal labor regulations is given in Art. 189 of the Labor Code of the Russian Federation: a local normative act containing the basic rights and obligations of the parties to an employment contract, the mode of work and rest, penalties and incentives, and other issues of regulating labor relations.

More about the concepts given in Art. 189 of the Labor Code of the Russian Federation, read the material "St. 189 of the Labor Code of the Russian Federation: questions and answers " .

Based on this definition, the internal labor regulations can be drawn up as a separate local act, which all employees get acquainted with against signature. However, it will not be considered a violation, for example, the inclusion of a procedure in the form of a separate section or annex to a collective agreement (Article 190 of the Labor Code of the Russian Federation).

If the employer does not have special requirements for employees, and all VTR rules are reflected in employment contracts, bonus regulations or internal instructions, the employer may limit himself to these documents and refuse to draw up separate internal labor regulations.

Basic rules of VTR

When developing the rules of internal labor regulations, it is necessary to proceed from those listed in Art. 189 of the Labor Code of the Russian Federation of important constituent elements for him, while not forgetting about corporate nuances. Each employer decides for himself in what volume and composition this document will be drawn up.

general provisions (appointment of the rules, development goals, areas of distribution and other organizational issues);
hiring and dismissal of employees;
rights and obligations of the employer and employees;
labor discipline (penalties and incentives for employees);
final provisions.

The first (general) organizational section, in addition to the above, may include terms and definitions used in these rules.

The description of the procedures related to the admission, transfer or dismissal of employees can be supplemented by a list of documents required from the employee when applying for a job and drawn up in the company itself in the course of the employee's labor activity.

For information on what these documents can be, read the article. How is an employee hired? .

IMPORTANT! Art. 68 of the Labor Code of the Russian Federation, and the dismissal process requires compliance with the requirements of Art. 77-84.1, 179-180 and other articles of the Labor Code of the Russian Federation.

When developing rules regarding the rights and obligations of the employer and employees, not only a formal transfer is required, but also verification of their compliance with the requirements of labor legislation (Articles 21, 22 of the Labor Code of the Russian Federation).

Infringement of the rights of employees, as well as the imposition of excessive duties on them by the employer, is unacceptable. In this regard, a trade union committee or other body guarding the legitimate interests of employees can have a significant impact on the content and composition of the rules of the VTR.

VTR Rules on Working Time and Rest Periods

The periods of work and rest in the rules of the VTR are described separately. First of all, employees must know the start and end times of work, as well as the duration of lunch and regulated breaks. An employee who is not familiar with the work schedule may be systematically late and not suspect that he is violating labor discipline.

From the VTR rules, employees find out which days of the week are considered days off, and find out the nuances of the onset and duration of the next calendar vacation.

If the work is organized in shifts, all temporary working aspects are subject to reflection: the number of shifts per day, their duration, the start and end time of each shift, etc.

If the employer does not draw up a separate local act on irregular work, the VTR rules must specify at least a list of positions with irregular working hours and the conditions for the performance of duties by employees outside normal working hours.

IMPORTANT! According to Art. 101 of the Labor Code of the Russian Federation, an irregular working day is recognized as a special labor regime, when employees are involved in work outside the time frame of the working day.

It should not be forgotten that it is necessary to take into account the time worked in excess of the normal working day. To keep such records obliges the employer Art. 91 of the Labor Code of the Russian Federation. You can organize this process using any self-developed form or the usual unified forms T-12 or T-13.

You can download forms and samples of unified forms of time sheets on our website:

"Unified form No. T-12 - form and sample" ;
"Unified form No. T-13 - form and sample" .

IMPORTANT! Irregular work is not paid at an increased rate, but is rewarded with additional leave (at least 3 days under Article 119 of the Labor Code of the Russian Federation). The maximum number of days of such rest is not regulated by law, but its duration, established by the employer, must be fixed in the schedule.

The representative of the trade unions should check the content of the VTR rules for the presence of a clause in respect of which employees cannot be subjected to irregular working conditions. These include, in particular, minors, pregnant employees, disabled people, etc.

Important "disciplinary" section

Compliance with labor discipline is one of the most important issues requiring scrupulous study. Without this rule, the VTR will be insufficient and incomplete. Special attention is paid to the disciplinary issue, and in some industries they are not limited to the section of the rules of the VTR, but develop separate provisions or disciplinary charters.

The disciplinary section consists of 2 parts: on penalties and rewards. The section on penalties is based on Art. 192 of the Labor Code of the Russian Federation, in which a disciplinary offense is defined as non-performance or improper performance by an employee of labor duties, which may be followed by 3 types of penalties (remark, reprimand and dismissal). There are no other penalties in the labor law.

Read more about the disciplinary sanctions provided for by the Labor Code of the Russian Federation in the material. "Types of disciplinary sanctions under the Labor Code of the Russian Federation" .

We can talk about additional penalties only in cases of imposing special disciplinary liability on an employee. They are indicated in federal legislation or disciplinary charters for certain categories of workers (part 2 of article 192 of the Labor Code of the Russian Federation). An example is the law “On the State Civil Service” dated July 27, 2004 No. 79-FZ, which includes a warning about incomplete compliance and dismissal from a substituted civil service position as an additional penalty.

IMPORTANT! According to Art. 193 of the Labor Code of the Russian Federation, a disciplinary sanction will be legal if the employer follows a certain procedure (requires a written explanation from the employee, draws up an act, issues an order, etc.).

The rules of the VTR must also provide for all cases when a disciplinary sanction is removed (Article 194 of the Labor Code of the Russian Federation).

The VTR rules may not contain a section on incentives if this issue has already been reflected in other local acts of the employer.

If this issue is not addressed anywhere, the VTR rules should at least reflect information on the types of incentives (thanks, bonuses, etc.) and the reasons for material or moral incentives (for work without marriage, etc.).

IMPORTANT! The section of the internal labor regulations devoted to incentives allows you to fearlessly take into account bonuses and incentive allowances as part of salary expenses when calculating income tax (part 1 of article 255, clause 21 of article 270 of the Tax Code of the Russian Federation).

Who will benefit from the standard VTR rules and how to take into account corporate nuances

When drawing up the internal labor regulations, you can apply not only your own internal developments, but also the Model Internal Labor Regulations for workers and employees of enterprises, institutions, organizations, approved by the Resolution of the USSR State Labor Committee of July 20, 1984 No. 213, in part that does not contradict the Labor Code of the Russian Federation.

The standard routine created in the 1980s needs to be adjusted to meet modern requirements. For example, the internal rules of a modern employer may be based on the above model rules and include additional information related to the specifics of its activities.

The VTR rules include separate parts that describe, for example, the scheme for using magnetic passes and compliance with the access control, as well as the requirements for the appearance of employees (mandatory wearing uniforms with the company logo or its elements during working hours, etc.). In addition, it would not be superfluous to describe the requirements for the internal corporate culture of employee behavior (the format of telephone and personal communication with customers, the rules for holding working meetings and discussions, etc.).

Example

XXX LLC, improving its security system, has introduced access control in the office. The intra-company labor regulations developed earlier on the basis of Decree No. 213 were corrected - supplemented with a chapter on access control issues with the following content:

“7. Access mode and work with magnetic passes.

7.1. Passage to the office of the company and exit from it are carried out by employees by means of a magnetic pass "Protection-M1". Obtaining a pass is carried out in the security service of the company (room 118) against signature.

7.2. In case of loss or damage to the pass, the employee must immediately inform the Deputy Security Director.

7.3. The employee who received the pass is liable for its damage or loss. The employee is obliged to reimburse the cost of making the pass if, after an investigation by the security service, the employee’s fault in its damage or loss is confirmed.

You will find the full text of the chapter on access control in the sample internal labor regulations cited in this article.

Whatever method the employer uses to compile this document, the main condition is compliance with the legally established requirements and a description of all the necessary specific features due to the nature of the employer's main activity.

Results

The internal labor regulations - 2019, a sample of which you can download on our website, are needed by all employers. When developing them, it is necessary to be based on the requirements of labor legislation and take into account the specifics of the main type of activity carried out.

Properly drawn up labor regulations help not only to discipline employees and avoid labor conflicts, but also to justify for the inspection authorities the incentives paid to employees, stimulating them to perform their labor functions with high quality.

In this article, we will consider how to correctly draw up and approve the internal labor regulations, how to apply them. Let's look at the mistakes that employers make. And, in addition, we will provide a sample of the internal labor regulations.

The internal labor regulations (hereinafter referred to as the ITR) are a mandatory local regulatory act of the company, regardless of its organizational and legal form and number (,). This is one of those documents that the labor inspectorate requests during the inspection in the first place, and the inspectors pay attention not only to the existence of rules, but also to their design, content and the procedure for familiarizing themselves with employees. Consider how to properly compose, approve and apply them; Let's look at the mistakes that employers make.

Approval of the internal labor regulations and familiarization with them

Error 1

Lack of internal labor regulations. Despite the fact that it is imperative and obliges all employers to approve the internal labor regulations, one of the common mistakes is the absence of this local act. This violation is especially common in small companies, such employers believe that the internal labor regulations are not mandatory for them due to their small number. But this opinion is erroneous, for the lack of internal labor regulations, the employer can be held administratively liable (), regardless of the average number of employees. I would like to note that, perhaps, in the near future, micro-enterprises will be relieved of the obligation to draw up internal labor regulations: the Ministry of Labor of Russia has developed a draft law (draft Federal Law "On Amendments to the Labor Code of the Russian Federation (regarding the specifics of regulating the labor of persons working at micro-enterprises) "(prepared by the Ministry of Labor of Russia on September 14, 2015)), under which legal entities and individual entrepreneurs with up to 15 people) will be able to refuse to approve local regulations. But the bill has not yet been adopted, and the employer cannot currently use it.

Mistake 2

Approval by an unauthorized person. To determine the procedure for approving the internal labor regulations, it is necessary to refer to the charter, it is in the charter of the company that it is written to whose competence the approval of local acts is assigned. Analyzing the practice of conducting a personnel audit, we can conclude that in many companies the internal labor regulations are not approved properly. By the charter, the approval of local acts is referred to the competence of the general meeting of the company's participants, and in fact the document bears the signature of the general director. This error bears the risk of recognizing local acts as invalid and unenforceable. Therefore, it is worth checking the bylaws. If the charter, for example, states that the competence of the general meeting of participants in the company includes the approval (adoption) of documents regulating the internal activities of the company (internal documents of the company), then the internal labor regulations cannot be approved by the general director.

Mistake 3

The absence of a mark on the consideration of the opinion of the representative body of employees. The approval of the internal labor regulations is carried out by the employer, taking into account the opinion of the representative body of employees (). The procedure for taking into account the opinion is given in, in accordance with which the PWTR are developed by the employer, then the draft rules developed are sent for approval to the representative body of employees and, if there are no objections from the said body, they are approved. But now you rarely see a company that has a representative body of employees or a trade union, in which case, in order to comply with the procedure for adopting a local act (), a note is made on it "As of the date of approval of the internal labor regulations in Romashka LLC, there is no representative body of workers."

Error 4

Employees are not familiar with the internal labor regulations. It is the employer's responsibility to familiarize employees with local regulations (), a new employee must be familiar with the internal labor regulations before signing an employment contract (). In practice, there are often cases when the PWTR is approved, placed in a public place, but the employer cannot confirm the fact that the employees are familiar with the document, and meanwhile, if the employee is not familiar with the company's internal labor regulations, the same fine will be imposed as for their absence. ().

There are several ways to fix the fact of familiarization with the internal labor regulations:

on the local act itself (acquaintance sheets are filed to the PVTR, and all employees sign on these sheets in the order in which they were hired);
in the familiarization log (the employer starts special familiarization logs, and employees also sign in them in the order of hiring);
on separate familiarization sheets for each employee (such a sheet contains a complete list of local acts with which the employee is familiar, the fact of which he confirms with a signature in front of each);
in the employment contract (at the end of the employment contract, a note is made about familiarization with the PVTR and other local regulations with their exact names).

The employer can choose the method of familiarization that is convenient for him. To confirm that the familiarization took place before the signing of the employment contract, we recommend using the phrase "Before signing the employment contract, the employee is familiar with the following local acts", the following is a list of acts.

The composition and structure of the internal labor regulations

In accordance with the Labor Code (), the rules should contain the following sections:

general provisions;
the procedure for hiring and dismissing employees;
rights and obligations of the employee and the employer;
responsibility of the employee and the employer;
working hours, rest time;
the procedure for remuneration of labor (amount, procedure for payment, terms and place of payment);
incentives and penalties applied to employees;
final provisions.

Also, in accordance with the specifics of the company's activities, the following are mandatory for inclusion in the internal labor regulations:

the procedure for maintaining the summarized accounting of working time;
the procedure and terms for familiarization with work schedules or shifts;
a list of positions with irregular working hours (can be displayed in a separate local regulatory act);
duration of additional leave;
cases, duration and procedure for granting special breaks for heating and rest;
a list of jobs where, due to working conditions, it is impossible to provide breaks for rest and meals;
the procedure for sending employees on a business trip, registration and payment of expenses associated with a business trip (can be brought into a separate local regulatory act);
the amount and procedure for reimbursement of expenses associated with business trips of employees who are assigned the traveling nature of work or work on the road, as well as a list of such positions (can be displayed in a separate local regulatory act).

Mistake 5

The internal labor regulations are of a formal nature. The mistake of many employers is that they draw up a PWTR for the labor inspectorate and other regulatory bodies in order to avoid fines. But the employer, first of all, should be interested in the adoption of this document, since this is the main tool of the employer, designed to support and strengthen labor discipline, as well as to consolidate the rules established in the company.

In addition to the above, the employer has the right to include other sections in the PWTR. For example, you can provide the following.

Procedure for conducting video surveillance. If video cameras are installed on the territory of the company, then in the internal labor regulations it is necessary to justify the reasons for their presence, for example, video cameras at the checkpoint can be installed in order to control the timely arrival at work, leaving work, returning from lunch break.
The procedure for providing employees with additional medical insurance or payment for cellular communications. Companies often provide workers with voluntary medical insurance policies or pay for their cell phone costs. In order to avoid disputes, it is worth fixing this procedure in the PVTR (when an employee becomes entitled to VHI, what level of insurance is due to a certain category of employees, which employees are paid for cellular communications, what limits are set for cellular communications and other issues). Also, the inclusion of this condition in the PVTR is necessary for the recognition of the cost of VMI and cellular communication in income tax expenses.
Dress code rules. In many companies, this issue is relevant. If this provision is included in the internal labor regulations, then compliance with the dress code will become the responsibility of the employee.
Other sections that regulate the requirements for employees and determine the procedure for working in the company (the procedure for passing the probationary period, the access control established in the company, the procedure for observing trade secrets, etc.).

EXAMPLE

While developing the internal labor regulations for the company, a client requested that the internal labor regulations include a condition that the employee is responsible for installing an unlicensed program on the work computer. For the client, the issue was very relevant, as information security left much to be desired. One of the sections of the developed internal labor regulations was devoted to the procedure for working with a personal computer and the prohibition of installing any software without the written consent of the general director of the company, drawn up in two copies for each party.

Mistake 6

Establishment in the rules of the internal labor regulations of norms that contradict the law. When compiling the PWTR, it must be remembered that the rules should not contradict the current legislation and worsen the position of workers in comparison with the Labor Code.

Common violations of internal labor regulations

When conducting a personnel audit, the rules of internal labor regulations are checked without fail. Here is a list of violations that are identified.

Requirement of additional documents.

Establishment as a mandatory document provided by an employee when hiring, a certificate of registration with a tax authority (TIN), marriage, etc. The list of documents that an employee must provide when hiring is established, and require him Documents not included in this article are prohibited.

Check for a criminal record or administrative offenses.

In accordance with the requirements of the law (), a certificate of criminal record is provided when applying for a job related to activities that are not allowed for persons who have or had a criminal record, who are or have been subject to criminal prosecution. If there is no such category of employees in the company, then it is illegal to check applicants and employees. We also note that information about the presence of a criminal record and administrative offenses is not public information and the employer cannot access it legally.

The absence of the section "Responsibility of the employee and the employer."

Very often, the PVTR does not contain this section, which is a violation, since the Labor Code establishes this condition as a mandatory one ().

If the employee has not passed the bypass sheet, then the calculation with him is not made.

It seems possible to fix the procedure for passing a bypass sheet upon dismissal in the internal labor regulations, but it is prohibited to make the issuance of the final payment on the day of dismissal dependent on the presence of all the necessary signatures in the bypass sheet ().

Establishment in the internal labor regulations of non-existent types of disciplinary sanctions.

Very often in the local acts of companies there are such types of punishment as a severe reprimand or a fine. The Labor Code establishes only three types of disciplinary sanctions - remark, reprimand, dismissal (), the unauthorized establishment of other types of penalties is an offense.

Establishing a ban on part-time work or doing business.

The employee has the right to engage in any type of activity (work part-time or run his own business) in his spare time, the employer is not entitled to establish a ban.

The following violations also occur:

the time of the beginning and end of work, breaks in work is not indicated;
the timing of familiarization with the work schedules on the watch is less than established by the Labor Code ();
the procedure for maintaining the summarized accounting of working hours is not prescribed;
the obligation of the employee to divide the vacation into parts is strictly 14, 7 and 7 days;
the duration of the additional vacation is not indicated or the duration of the main vacation is set to be less than 28 calendar days;
pay dates are not specified.

The main goal of the employer when adopting internal labor regulations should be to protect the rights of both employees and the company. With proper drafting of the document, it will become a tool for regulating the labor discipline of employees.

Aida Ibragimova, Head of Human Resources KSK Group

Which, as a general rule, must be developed and approved by companies, regardless of their organizational and legal form, as well as individual entrepreneurs. However, there are exceptions for some categories. In particular, employers - individuals who are not individual entrepreneurs - should not have labor regulations.

Often, when meeting the abbreviation PWTR, employers do not understand what kind of document they are talking about. PVTR (decryption) is the internal labor regulations. When developing this document, it should be taken into account that for certain categories of employees, charters and discipline provisions established by law are provided. However, they do not replace the internal regulations. If the employer works in this industry, then when developing the rules, he is obliged to take into account the norms of these documents. Thus, labor discipline (the internal labor regulations should include the necessary information) is provided for workers in maritime transport, railway transport, for employees of companies using nuclear or atomic developments in production.

Who approves the internal labor regulations of the organization?

A unified form of rules has not been approved, so the employer develops them independently, on his own. Thus, the answer to the question will be as follows - the internal labor regulations are approved by the employer.

It is often problematic for employers to develop such a document from scratch. When drawing up the rules, you can focus on the Model internal labor regulations for workers and employees of enterprises, institutions, organizations, approved by Decree of the USSR State Labor Committee No. 213 of July 20, 1984. However, do not forget that the model rules were approved more than thirty years ago and are partially outdated .

Internal regulations (you can download a sample document at the end of the article) should regulate the main issues of labor relations. So, in the rules it is necessary to consider the main obligations and rights of the parties, incentive measures and the procedure for imposing penalties. In addition, the internal labor regulations are adopted to maintain discipline in the team, coordinated and efficient work, and contribute to an increase in productivity in production.

Internal labor regulations (sample)

Inside, like most documents, the rules are divided into logical parts (sections, paragraphs, subparagraphs, etc.). What information should be included in the document? As a rule, the internal labor regulations of the organization contain the following sections:

general provisions;
the rights and obligations of the employee;
the responsibility of the parties;
wages at the enterprise;
the procedure for receiving employees, transfers, relocations;
the procedure according to which the employment contract is terminated;
the procedure for making and entering into force changes.

The draft PWTR drawn up by the employer (sample below) must be submitted for consideration by the representative body of employees (if any). In its absence, the internal regulations are approved by the employer independently.

The employer must endorse and sign the drafted and agreed Rules. Rules must contain such requisite as "Signature". Who approves the internal labor regulations of the organization? As a rule, the person who made them, that is, the head of the personnel department, personnel department or the general director, signs the rules.

Before signing the internal regulations of the organization, the document must be agreed with any of the interested employees - for example, it can be a lawyer or a head of human resources. This is not a mandatory procedure, it all depends on what procedure for adopting the provisions is established by the employer.

Order on the approval of the PVTR (sample)

After the document is endorsed by the concerned employee (if necessary) and approved, the labor regulations must be put into effect. The rules themselves may provide for a special approval column, or the employer may issue a separate order on the internal labor regulations.

The order must include the following information:

The date from which the document was put into effect;
A responsible employee who must familiarize employees with the document under signature, and will also monitor the relevance of the document (this may be the head or specialist of the personnel department).

How often are the Internal Labor Regulations approved? Can an employer make changes to an approved document? The employer can make changes to the document if the need arises. This may be due to the revision of the terms of payment of wages, the time of the beginning or end of the working day, the list of disciplinary sanctions for a particular violation or, conversely, rewards for certain achievements.

In addition, there is another reason to change such a document as the internal labor regulations - the Labor Code of the Russian Federation. The document must comply with the current legislation, but it takes time to make changes. It is advisable to provide a clause in the rules that would stipulate changes to the document in this case. Changes to the internal labor regulations are approved and made as necessary. There are no restrictions on the number of changes, time intervals between changes, by law.

You can download the internal labor regulations below. It is advisable to place a copy of the approved document in a place accessible to employees so that in case of questions, everyone can familiarize themselves with the document.